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Patna High CourtCWJC/6997/2017disposed

Janki Devi v. The State Of Bihar And ORS

2025-11-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6997 of 2017 ====================================================== Janki Devi Wife of Sri Kapildeo Mishra Resident of Village- Deomarkandey, P.S. Karakat, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Divisional Commissioner, Patna Division, Patna. 3.

The Collector, Rohtas at Sasaram.

4.

The Additional Collector, Rohtas at Sasaram.

5.

The Deputy Collector, Land Reforms D.C.L.R., Bikramganj, Rohtas. 6.

Hiralal Mahto @ Hiralal Singh Son of late Ramsurat Singh Resident of Village- Deomarkandey, P.S. Karakat, District- Rohtas. 7.

Sheo Nath Singh Son of Ujagir Singh Resident of Village- Deomarkandey, P.S. Karakat, District- Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Resp. No. 6 :

Mr. Rajani Kant Singh, Adv.

For the State :

Mr. Viveka Nand Singh, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-11-2025 Heard the parties.

2. The present application has been preferred for the following relief(s):

(i) Issuance of a writ in the nature of writ of certiorari to quash/ set aside the order dated 26.10.2016 as contained in Annexure-6 passed in B.L.T. Case No. 330 of 2016 by the learned Chairman of the Bihar Land Tribunal, Patna, whereby and whereunder the learned court below has rejected the B.L.T. Case No. 330 of 2016 on

Patna High Court CWJC No.6997 of 2017(3) dt.18-11-2025 2/3 erroneous grounds without appreciating the facts in its proper perspective.

(ii) Issuance of a writ again in the nature of writ of certiorari to quash /set aside the orders dated-24.04.2012 as contained in Annexure-4 to this writ application by which the learned Divisional Commissioner, Patna has rejected the ceiling (pre-emption) Revision No. 57/2010 confirming the order dated 22.09.2008 passed by the D.C.L.R., Bikramganj in Case No. Pre-emption 10/2004-05 and the order dated-30.12.2009 passed by the learned Additional Collector, Rohtas in Pre-emption Appeal No. 92/2008 by which the authorities had directed the purchase land of the petitioner for homestead purpose to be executed in favour of respondent no. 6 (preemptor) without considering the facts and circumstances of the case and as such it is further prayed that the orders dated -22.09.2008 vide Annexure-2 and 30.12.2009 as contained in Annexure-3 passed by the learned D.C.L.R. and the Additional Collector be also quashed / set aside by this Hon'ble Court.

(iii) Issuance of any other writ/writs, order/orders, direction/ directions to grant relief /reliefs to which the petitioner may be entitled to in the facts and

Patna High Court CWJC No.6997 of 2017(3) dt.18-11-2025 3/3 circumstances of the case.

3. Learned counsel for the petitioner submits that with the passage of time, the fresh law has come so far as the preemption matter is concerned. The writ petition has become infructuous/abated and as such, the same be disposed of.

4. Accordingly, the writ petition stands disposed of as infructuous.

(Rajiv Roy, J) Adnan/- U